Who will sit in the PM’s hot seat?

The election of a new President does not make the Articles in the Constitution waver in the slightest. Be it Sajith or be it Gotabaya, the new President will have a new mandate but it is only a mandate to act as President according to the powers vested in his Office by the Constitution and not a mandate to alter even a comma of its terms and provisions.

According to the Constitution, once the Prime Minister has been appointed only his death or resignation can cause a vacancy in the Prime Ministerial Office. But practically, a no confidence motion successfully brought against him by parliamentary members will also send him home.

On October 30th the present Prime Minister said he will continue to hold the post of the Prime Minister after the election if Sajith wins. He said Sajith Premadasa will be the President and he will be the Prime Minister. ‘’The premier will be chosen by the majority of the next parliament’’

Wickremesinghe said and added, ‘’ I will have the majority. ‘’

Ranil Wickremesinghe was, however, forced to lower his sights of retaining the position he had held six times in his parliamentary life when a few days later UNP presidential candidate Sajith Premadasa declared in a special televised message to the nation that if he were to win, it would be left to the UNP members of parliament to choose a person who has never been Prime Minister before.

If Gotabaya Rajapaksa clinches the Presidency, the Prime Minister designate will be his brother Mahinda Rajapaksa. But for Gotabaya to appoint Mahinda would mean he would have to do a Sirisena and sack Ranil first. Since the UNP has the highest number of seats in Parliament, the question is whether Mahinda can deliver the goods to show that he has the confidence of the House, a vital ingredient to get a single Bill passed?

If Mahinda fails in his task, even as he failed Sirisena last year, Gotabaya will have no option but to reappoint Ranil or risk a Constitutional crisis. Ranil will have an easier task to persuade the UNP MPs to back him unreservedly against their common fore, Rajapaksa than he would have his own UNP man Sajith win the Presidency. Especially with Sajith insisting that his Prime Minister, chosen by his UNP MPs at his wish and command, will be a first timer.

In the event of the President dying, resigning, being incapacitated or held disqualified by the Supreme Court, the Office of the President will fall vacant. The Prime Minister at that time will automatically become President for one month. During this period, Parliament will elect a member of the House as President to serve the remainder of the previous President’s tenure.